Terms of Service

These Terms of Service govern use of the 4A Migration Cloud application (the “Service”) operated by 4A Consulting Services Pty Ltd (ABN 53 672 296 418) (“4A”, “we”, “us”). By accessing or using the Service you agree to these terms. If you use the Service on behalf of a firm, you agree on that firm’s behalf.

1. The Service

The Service is a case-management application used by registered migration agents and their staff to manage client matters, documents, communications, forms and billing, and to connect, at the user’s option, their own email, cloud-storage, accounting and calendar accounts. The Service supports the delivery of immigration assistance; it is not itself immigration, legal or financial advice, and using it does not create a client relationship with 4A. Immigration assistance is provided by the registered migration agent responsible for your matter under a separate services (engagement) agreement.

2. Accounts and acceptable use

• You are responsible for keeping your login credentials secure and for activity under your account, and should enable two-factor authentication where available.
• You must be authorised to use the Service and to connect any email, storage, accounting or calendar account you connect.
• You must provide accurate information and only upload content you are entitled to upload.
• You must not misuse the Service, attempt to breach its security, interfere with its operation, or use it unlawfully or to infringe others’ rights.

3. AI features and their limitations

The Service includes optional artificial-intelligence features that assist a practitioner (for example, extracting data from documents, answering questions about a file, summarising pathways and helping draft content). By using these features you acknowledge that:

• AI output is a draft aid, not advice, and may be incomplete or incorrect; a registered migration agent must review and verify it before it is relied upon, sent or lodged;
• information may be sent to third-party AI providers (OpenAI and/or Anthropic) to generate results, as described in our Privacy Policy;
• a firm may disable AI features, and a client may decline the use of AI on their matter; and
• 4A is not responsible for decisions made in reliance on unreviewed AI output.

4. Connected accounts (Google, Microsoft & others)

If you connect a Google, Microsoft, Xero or other third-party account, you authorise the Service to access that account only for the features you enable (for example sending or capturing client email, creating matter folders/files in your cloud storage, or syncing issued invoices). You may disconnect at any time. Our handling of that data is described in our Privacy Policy, including the Google API Limited Use requirements. Your use of each connected service also remains subject to that provider’s own terms.

5. Data ownership and privacy

We handle personal information in accordance with the Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Client and matter data belongs to the relevant client firm; where 4A operates the Service for another firm, we process that data on the firm’s behalf and under its instructions. You are responsible for having the necessary consents to upload and process the personal information you put into the Service. Every feature of the Service is provided in accordance with the Privacy Act and Australian Privacy Principles, the Notifiable Data Breaches scheme, and the Migration Act 1958 (Cth), the Migration Agents Regulations and the Code of Conduct for registered migration agents, and a registered migration agent remains professionally responsible for the advice given and any application lodged.

6. Payments and fees

Where the Service is used to request or take payment, card payments are handled by our payment processor and are subject to its terms. Professional fees, government charges and any trust/clients’-account handling are the responsibility of the firm engaged on the matter and are governed by that firm’s services agreement, not by these terms.

7. Intellectual property

The Service, its software, design and content (excluding your data and your firm’s branding) are owned by 4A or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these terms. You retain ownership of the data and materials you upload; you grant us the limited rights needed to host and process them to provide the Service.

8. Availability and changes

We aim to keep the Service available but do not guarantee uninterrupted or error-free access. We may update, suspend or modify features, and may update these terms; where changes are material we will take reasonable steps to notify users, and continued use after changes take effect constitutes acceptance.

9. Liability

Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded. Where the Service is a service of a kind ordinarily acquired for personal, domestic or household use, your rights under the ACL are unaffected by this section.

Warranties. Subject to the ACL and the rest of this section, the Service is provided on an “as is” and “as available” basis and, to the extent permitted by law, we exclude implied warranties. We do not warrant that the Service will be uninterrupted or error-free, or that AI output will be accurate or complete.

Limitation of liability. To the extent permitted by law (and subject to the ACL paragraph above): neither party is liable to the other for indirect, special or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings; and we are not liable for loss arising from your reliance on unreviewed AI output, from third-party services you choose to connect, or from your failure to keep credentials secure. Where our liability for a consumer guarantee under the ACL can lawfully be limited, it is limited (at our option) to re-supplying the affected Service or paying the cost of having it re-supplied. Otherwise, each party’s total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the subscription fees paid or payable by the customer for the Service in that period (and, where no fees are payable, to A$100). Nothing in this section limits either party’s liability for death or personal injury caused by its negligence, for fraud, or for a party’s breach of its confidentiality obligations.

10. Termination

You may stop using the Service at any time. We may suspend or terminate access for breach of these terms or where required by law. On termination, data handling and retention continue to be governed by the Privacy Policy and the relevant firm’s professional record-keeping obligations.

11. General

• Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control (including outages of third-party infrastructure, telecommunications or government systems).
• Subcontracting. We may use the service providers described in the Privacy Policy to help provide the Service, and remain responsible for their performance of the functions we have engaged them for.
• Assignment. You may not assign these terms without our consent (not to be unreasonably withheld). We may assign or novate them to a related entity or in connection with a merger, acquisition or sale of assets, on notice.
• Notices. We may give notices through the Service or by email to your account address; you may contact us at the address in section 12.
• Waiver and severability. A failure to enforce a term is not a waiver of it. If a term is unenforceable, it is read down or severed to the minimum extent necessary and the rest continues.
• Entire agreement and precedence. These terms and the Privacy Policy are the entire agreement about the Service. If there is any inconsistency, a signed written agreement between 4A and a customer firm prevails over these terms, and these terms prevail over the Privacy Policy in respect of contractual rights (the Privacy Policy governs how personal information is handled).

12. Governing law

These terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

13. Contact

4A Consulting Services Pty Ltd — ABN 53 672 296 418
Suite 602, Level 6/379-383 Pitt St, Sydney NSW 2000
info@4aconsultingservices.com.au